Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-03-25

utnsaSu, anu peoona Que and payable immeui-
ate!y AItef The letting Of the contracts bY til,
auditor. as hereinafter provided. b And In cas-,
the proceedings had in relation to the lawn.
QHs or bilshinx such ditch shall be declared
VOID, and sucn proceedings set aside and va
Gated by the Judgment OF any court prior TO the
letting OF the cputracF by said auditor. all sucr
warrants shall tllereupon become null and void
ana snail De returned to the auditor for eau
SEC. Il. Any person or corporation aserleved
EIsereby may appaa! from any final order or indy.
smcnt OF the board OF commissioners made in
the proceedings, ami entered upon their record
viz: e. + :
+ AFirst-Whe.ller said ditch will be conducive
20 pubic health convenience CT welfare. :.
(. second-Whether the route thereof is prac-
sticable 3. 49,, ''-
+ Third--Whether the benefit TO be derived from
the construction of said ditch is greater than
the total cost thereof, including damages
awarded. 81, ' h1ea
+ Fourth-The amount OF damages allowed tc
any person, or persons. or corporation.
F1tth-Whether the estimated benefits to each
trace OF land and to each public OF corporate
road or railroad are greater than the actual ben
chts to be derived therefronl. A
and the appellant shall file with the county
auditor q notice of appeal which shall briefly
state the grounds upon which such appeal is
eaken accompanied by an appeal bond with
at least two ~ freehold sureties to be approved
by the auditor, conditioned that said appellant
VIII duly prosecute such appeal, and pay all
costs that may be adjudged against him in the
NooA 1Ct COuTLs pCoE1uetl, GLtL SuCn nOClCe OF ap
peal and bond appeal shall he filed within thirty
$50 days, after such tual order or Judgment OF
the board Of commissioners is made; and after
the lapse Of such thirty 500 days no appeal can
pe taken. And II an appeal be taken the auditor
shall within twenty eco DAYS after the notice of
appeal and appeal Dond Is filed, make complete
Transcript OF the proceedings had before the
board OF commissioners, and certify the same,
together with all the papers tiieu in his office
pertaining to snch proposed work, including the
notice OF appeal and the appeal bond, to the
clerk OF the district court
SEC. II. II more than one ID party appeal
the Judge or the district court NAV. in his dis
cretlon, order the cases to be consolidated and
trled together: and in such case the rights of
the Jury III Its verdict And IN all cases of ap-
peal, provided the action Of the commissioners
De sustained in whole OF i'll part. the location
aud establishment OF such ditch shall be or
dered by said court, and the court shall in said
order fix the time when the auditor shall give
notice for the letting of the contracts for the
construction Of the proposed work.
SEC. Is II no appeal be taken within the
time limited tho auditor shall sell the jobs OF
digging and constructing the entire work. in
linear sec.ioIs Of one hundred 400 feet each,
each OF said sections to be known and numbered
by the stake or monument set by the viewers at
the foot OK each said section, as shown on the
viewers report, commencing AT the one in
Guiding the outlet, and thence in sue
cession up stream to the one including
the source. And the auditor shall contract In
the name OF the county with the party to whom
Is a.,
construct the same in the time and manner set
forth in the report OF the viewers on which the
ditch is established, and shall Lake from him a
bond, with two ~ freehold sure ties payable to
the county, for not less than double the amour
for which the same is sold. to he by said auditor
approved, conditioned that said party will faith
fully perform AND fulfill his contract and pay all
DAMAGES WAlch may accrue by reason of the
failure TO complete the work within the time re-
Quired in the contract therefor. And the auditor
shall give notice of the letting OF such contracts
NilaOf Jo1rf hnnp
the official Taper Of the county wherein such
work is located, Of the time when and the place
where such contracts will be let TO the lowest
responsible bidder or bidders: and no bid shall
be entertained which exceeds more than thirty
t30) per cent over and above the estimated cost
OF the construction OF the part OF said work
covered by said bid. and said auditor may
adjourn such letting from time to time until the
whole work shall be taken.
SEC. IA The bond and contract shall consti-
tnte but one paper. and shall be a printed form,
with proper blanks left for filling OUT the same
IN writing and tile description of the work to he
done as mentioned in the contract shall be by
the number OF the SECTION or sections, as pro
Tided for in section IL. The work to be done
aud completed AS provided for in the report OF
the viewers
SEC: Is: A job not completed within the ti,le
hXeC III The contract and bond shall be resold by
the auditor to the lowest responsible bidder hut
shall NOT be sold for a sum exceeding fifty 500
per cent OF the estimated value Of such work
nor a second time TO the same party contract
and bond shall he entered into as herein before
provided: but the auditor may, for good cause
shown, give further time to any contractor, not
exceeding one 81 year. The auditor shall fix 3
time for the completion OF work resold, not ex-
ceedlDg Blk go months from the date Ut the
bond.
Sec. l 6. It shall be The duty Of the county
surveyor, Oh being notified by any contractor
that LIS Job is completed, to inspect the same
and II he fipds it completed according to the
specifications OF the viewers, be shall accept it
Ind give to the contractor certificate Of ACCENT
n Inv
nunber) are completed according to the syeciii-
cations OF said ditch, as set forth In tho
report OF the viewers; and npon the pres
OF acceptance by said contractor to the
auditor, the said auditor shall draw warrant
on the county treasurer of his county for the
full amount found TO be due on SAID contract,
and SAID order shall be paid out OF a gene raj
ditch fund, to be provided by the county board
Of commissioners, as hereinatter specified And
the said order shall become due aud payable out
Of said fund at once, and il there be no cash in
said fund TO pay said order whom the same is
presented, tho county treasurer snail endorse on
said order, Not PAID tor want OF funds" and
date and sign such endorsements, and the
amount of said order shall draw interest at the
rate OF SIX (6> per cent per annum until called in
by the treasurer or auditor OF said county and
paid The fees OF the county surveyor, under
this section. shall be paid him by such CON-
tractor
SEC H. The board Of county commissioners
OF each county, wherein such ditch or bitches are
proposed to be located and established, are
hereby authorized to issue the bonds OF. said
county in such sums as may be necessary for
the purpose OF defraying the expenses incurred
to be incurred in locating, constructing and es-
tablislling the same, said word Expenses" to be
construed to mean and tt cover every item of
cost OF said ditch, from its inception to its
pletion, and the said counties to be reimbursed
as hereinafter provided Said bonds shall bear
interest at a rate MOI exceeding six (G) per Gent,
and shall be payable on or before ten (lUj years,
,s5 the option OF said board Of commissioners :.
iSA1OnerS shall 10
payment Of annual interest On said bonds. The
bonds issued under the provisions OF this act
shall be signed by the chairman Of the board Of
county commissioners Of said county. and
countersigued by the county auditor, who shall
Keep record Of all bonds issued under the pro-
visions OF this act The said board shall have
the power 10 negotiate said bonds as they shall
deem best for the interest OF said county; pro-
vIded, that they shall not negotiate the same at
less than their par value. All such bonds shall
contain recital that the same are issued in &C.
cordance with the provisions and pursuant to
the authority OF this act. The county commits
sioliers are also hereby authorized and empow-
Of the county to such drainage fund any surplus
moneys that may &C in such revenue fund that
can be properly used for the purposos Of this
act,
SEC ~ Within thirty $50 days after the
letting Of the contracts for the construction
of any ditch, drain or water course, as
herein provided, the county auditor shall
make in tabular form a List and statement
showing the following facts aud in the order
named, viz:
Firsl-The names af the owners Of all lands.
and the names OF all public Or corporate roads
or railroads benefited by the construction Of
such proposed work.
Sec0nd-The description Of said lands, as the
same appears in the report OF the viewers, to-
gether with the total number OF acres in each
tract according 10 the assessment rolls or tax
lists OF the county
Third-The estimated number OF acres bene-
fitted in each piece or parcel Of said lands, as
shown by the viewers report.
Fonrth--1he estimated amount Of benefits to
each OF said tracts OF land. and The estirna1 ed
benefits to each public or corporate road or rail-
road. as the same appears IN the viewers re-
port, or as changed by The jury In case Of ap-
peal, II any changes are made by such jury.
land. and that each of said public or corporate
roads Or railroads, SO benefited. viii, be liable for
and must pay for the location, construction and